Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-16

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become o part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
~Second-The notice was not published in Q
newspaper designated - published nesrestth til
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending q suit In Court commenced by
the adverse
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
Ance with law.
Where several parties own separate and dis
tinct portions of o claim, application for
patent nsy be made by either for tn at portion
OF the claim owned by him; but where so-eral
parties own undivided interests in : mining
claim all should Join in an application for a
patent.
A person or association may purchase as
many placer locations rs the local Law admits,
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act as q deputy for the Register and Re
ceiver cannot be recorded % evidences,
In all patents for mining claims situated
within the interior boundaries of Q town site
. olsuse Ia Inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
blocks. streets, alleys or other municipal i'm
provements not belonging to the grantee here.
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elspse between the
first and last insertions.
Where the Register designates the d sily issue
Of o newspaper fer publication of notices of a
mining application for patent Ii is not a com
plianoe with law to change to the weekly edi.
ton OF the same paper without authority OF
the Register.
The existence OF . salt spring on a tract o.
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose Of proving the AGRICULTURAL
character OF such land IL not lowed Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
IL 10 alleged conflicts with the emt owned
by such adverse claimant.
Tit papers In an adverse claim, once filed
cannot De Withdrawn, but become s 0 part OF the
record.
When an adverse claim has been fled II can.
not be amended so as to embrace q larger per.
ton Of the premises than that described In tne
original adverse claim.
An adverse clsim must be made ont In
proper form and filed In the proper local Off cs
during the period of publication OF the appli-
cation for the patent to be effective.
1t 10 the duty OF the adverse claimant o
commence suit in proper form within the re-
quired time, and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO commence suit be the result Of
the cor rupt or dishonest action OF hts attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
clsim. A statement In general terms, embody.
ing conclusions of law, without stating the
facts specially, will not lie considered in evi.
dence.
An adverse claimant should show a compli.
snce with the local laws IN recording his claim
and In regard to expenditures. and shall die a
copy Of the original notice Of his location. and
show the nature or extent Of the conflict
alleged.
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LANDS,
Where land Ia Of little. II any value, for sgr..
cultural purposes, but 10 essential to the
proper development of mining claims, Il
should be disposed OF under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agriculture
entry, said entry will be cancelled at any aIne
prior to issuance Of patent, upon satisfactory
evidence OF the existence Of snch valuable de.
posts.
Where valusble deposits Of mineral are dis.
covered upon @ tract SITTER the SAINT las been
entered % agricultural, but before ! ,tent has
been tssued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF IL. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposing Of his
claim must be afhrmAtively shown.
Locstors and intermediate owners. otber
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance of patent.
The portion of . mining claim sold 10 An
alien cannot be patented while such owner Is
an alien; but on his deciarstioni o become .
ci.azen MS nsnt dates back to his purchase,
aud ne may thereupon secure United States
patent for his claim.
CROSS LxDoEs.
Revised Statutes. Section 1855;
Where two or more lodges cross or intersect
each other, priority Of title shall govern. and
such prior location shall be entitled to sii ore
or mineral contained within the space of inter.
section, but the subsequent location shall have
the right OF way through the space Of inter.
working OF the mine. And whera two op mora